Marginal note:Suspended sentence
17. (1) If a person or vessel is convicted of an offence and the court suspends the passing of sentence under paragraph 731(1)(a) of the Criminal Code, the court may, in addition to any probation order made under that paragraph, make an order under section 16.
Marginal note:Imposition of sentence
(2) If the person or vessel does not comply with the order or is convicted of another offence within three years after the order was made, the court may, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended.
- 1994, c. 22, s. 17;
- 1995, c. 22, s. 18;
- 2005, c. 23, s. 13(E).
Marginal note:Civil remedies not affected
17.1 (1) No civil remedy for any conduct is suspended or affected by reason only that the conduct is an offence under this Act.
Marginal note:Remedies not repealed, etc.
(2) Nothing in this Act repeals, removes or reduces any remedy available under a law in force in Canada.
Marginal note:Compensation for cost of remedial or preventive action
(3) A court shall not, under paragraph 16(1)(d), order an offender to compensate a person for the cost of any remedial or preventive action referred to in that paragraph if the person is entitled to make a claim for compensation for that cost under the Marine Liability Act or the Arctic Waters Pollution Prevention Act.
Marginal note:Compensation for loss or damage — property
(4) A court shall not, under subsection 16(2), order an offender to pay to a person compensation for loss of or damage to property if the person is entitled to make a claim for compensation for that loss or damage under the Marine Liability Act or the Arctic Waters Pollution Prevention Act.
- 2005, c. 23, s. 14;
- 2009, c. 14, s. 104.
Marginal note:Limitation period
18. No proceedings by way of summary conviction in respect of an offence under this Act may be instituted more than five years after the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant agree that they may be instituted after the five years.
- 1994, c. 22, s. 18;
- 2009, c. 14, s. 105.
Marginal note:Documents, records and data
18.1 In a proceeding under this Act, a document, a record or data that is required to be kept under this Act or the Canada Shipping Act, 2001 is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in it.
- 2005, c. 23, ss. 15, 48.
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